Broussard v. Munoz, et al

Filing 34

ORDER Denying Plaintiff's 33 Motion for an Order to Show Cause signed by Magistrate Judge Barbara A. McAuliffe on 10/22/2012. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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CURLEY JOHN BROUSSARD, JR.,

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CASE NO. 1:11-cv–01276-BAM PC

Plaintiff,

ORDER DENYING PLAINTIFF’S MOTION FOR
AN ORDER TO SHOW CAUSE

v.
(ECF No. 33)

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LISA A. MUNOZ, et al.,

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Defendants.
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Plaintiff Curley John Broussard, Jr., is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On October 9, 2012, Plaintiff’s first

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amended complaint was screened and this action was dismissed, without prejudice. (ECF No. 23.)

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On October 18, 2012, Plaintiff filed a motion for an order to show cause. (ECF No. 33.)

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Federal courts are courts of limited jurisdiction and the Court is bound by the requirement

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that as a preliminary matter, it have before it an actual case or controversy. City of Los Angeles v.

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Lyons, 461 U.S. 95, 102 (1983); Valley Forge Christian Coll. v. Ams. United for Separation of

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Church and State, Inc., 454 U.S. 464, 471 (1982). If the Court does not have an actual case or

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controversy before it, it has no power to hear the matter in question. Id. The case or controversy

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requirement cannot be met in light of the fact that this action has been dismissed and closed. As

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Plaintiff was previously informed, because this case has been dismissed and closed, the case-or-

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controversy requirement is not met such that this action provides no basis upon which to award

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Plaintiff relief.

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Plaintiff is advised that there is no longer a case or controversy pending before this Court and
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Plaintiff is not entitled to seek any further relief from the Court in this action. See e.g., Davis v.

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Federal Election Com’n, 544 U.S. 724, 732-33, 128 S. Ct. 2759, 2768 (2008). Any further motions

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seeking injunctive relief will be stricken from the record.

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Accordingly, Plaintiff’s motion for an order to show cause, filed October 18, 2012, is
HEREBY DENIED.
IT IS SO ORDERED.
Dated:
10c20k

October 22, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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